[Post-Independence History] Simla Agreement July 2, 1972

The Simla Agreement
signed by Prime Minister Indira Gandhi and President Zulfikar Ali Bhutto of
Pakistan on 2nd July 1972 was much more than a peace treaty seeking to reverse
the consequences of

the 1971 war (i.e. to bring about withdrawals of troops and
an exchange of PoWs). It was a comprehensive blue print for good neighbourly
relations between India and Pakistan. Under the Simla Agreement both countries
undertook to abjure conflict and confrontation which had marred relations in
the past, and to work towards the establishment of durable peace, friendship
and cooperation.

The Simla Agreement
contains a set of guiding principles, mutually agreed to by India and Pakistan,
which both sides would adhere to while managing relations with each other.
These emphasize: respect for each other’s territorial integrity and
sovereignty; non-interference in each other’s internal affairs; respect for
each others unity, political independence; sovereign equality; and abjuring
hostile propaganda. The following principles of the Agreement are, however,
particularly noteworthy:

A mutual commitment to the peaceful
resolution of all issues through direct bilateral approaches.

To build the foundations of a
cooperative relationship with special focus on people to people contacts.

To uphold the inviolability of the Line
of Control in Jammu and Kashmir, which is a most important CBM between
India and Pakistan, and a key to durable peace.

India has faithfully
observed the Simla Agreement in the conduct of its relations with Pakistan.

SIMLA AGREEMENT

Agreement on Bilateral Relations Between The Government of India and The
Government of Pakistan

1.The
Government of India and the Government of Pakistan are resolved that the two
countries put an end to the conflict and confrontation that have hitherto
marred their relations and work for the promotion of a friendly and harmonious
relationship and the establishment of durable peace in the sub-continent, so
that both countries may henceforth devote their resources and energies to the
pressing talk of advancing the welfare of their peoples.

In order to achieve this objective, the Government of India and the Government
of Pakistan have agreed as follows:-

That the principles and purposes of the
Charter of the United Nations shall govern the relations between the two
countries;

That the two countries are resolved to
settle their differences by peaceful means through bilateral negotiations
or by any other peaceful means mutually agreed upon between them. Pending
the final settlement of any of the problems between the two countries,
neither side shall unilaterally alter the situation and both shall
prevent the organization, assistance or encouragement of any acts
detrimental to the maintenance of peaceful and harmonious relations;

That the pre-requisite for
reconciliation, good neighbourliness and durable peace between them is a
commitment by both the countries to peaceful co-existence, respect for
each other’s territorial integrity and sovereignty and non-interference
in each other’s internal affairs, on the basis of equality and mutual
benefit;

That the basic issues and causes of
conflict which have bedevilled the relations between the two countries
for the last 25 years shall be resolved by peaceful means;

That they shall always respect each
other’s national unity, territorial integrity, political independence and
sovereign equality;

That in accordance with the Charter of
the United Nations they will refrain from the threat or use of force
against the territorial integrity or political independence of each
other.

2.Both
Governments will take all steps within their power to prevent hostile
propaganda directed against each other. Both countries will encourage the
dissemination of such information as would promote the development of friendly
relations between them.

3.In order
progressively to restore and normalize relations between the two countries step
by step, it was agreed that;

Steps shall be taken to resume
communications, postal, telegraphic, sea, land including border posts,
and air links including overflights.

Appropriate steps shall be taken to
promote travel facilities for the nationals of the other country.

Trade and co-operation in economic and
other agreed fields will be resumed as far as possible.

Exchange in the fields of science and
culture will be promoted.

In this connection
delegations from the two countries will meet from time to time to work out the
necessary details.

4.In order
to initiate the process of the establishment of durable peace, both the
Governments agree that:

Indian and Pakistani forces shall be
withdrawn to their side of the international border.

In Jammu and Kashmir, the line of
control resulting from the cease-fire of December 17, 1971 shall be
respected by both sides without prejudice to the recognized position of
either side. Neither side shall seek to alter it unilaterally,
irrespective of mutual differences and legal interpretations. Both sides
further undertake to refrain from the threat or the use of force in
violation of this Line.

The withdrawals shall commence upon
entry into force of this Agreement and shall be completed within a period
of 30 days thereof.

5. This
Agreement will be subject to ratification by both countries in accordance with
their respective constitutional procedures, and will come into force with
effect from the date on which the Instruments of Ratification are exchanged.

6.Both
Governments agree that their respective Heads will meet again at a mutually
convenient time in the future and that, in the meanwhile, the representatives
of the two sides will meet to discuss further the modalities and arrangements
for the establishment of durable peace and normalization of relations,
including the questions of repatriation of prisoners of war and civilian
internees, a final settlement of Jammu and Kashmir and the resumption of
diplomatic relations.